- 6 - matter, independent of any deficiency proceeding. See Fernandez v. Commissioner, 114 T.C. 324 (2000). The essence of Ms. Clark’s argument is that she is entitled to raise her entitlement to section 6015 relief as an affirmative defense in a section 6404 action. Ms. Clark asserts that there is sufficient jurisdictional predicate for this Court to determine her substantive claim. Historically we have characterized a claim for relief from joint liability as an affirmative defense that must be set forth in the pleadings. See Butler v. Commissioner, supra at 287-288. In Neely v. Commissioner, 115 T.C. 287 (2000), an analogous case, we held that we had jurisdiction to decide an affirmative defense raised by the petitioner in a section 7436 case (Proceedings for Determination of Employment Status). Section 7436, like section 6404, allows judicial review of a determination of the respondent. In that case we reasoned: The statute of limitations set forth in section 6501 constitutes a defense at bar (i.e., an affirmative defense) that may be raised by the taxpayer in response to a determination made by the Commissioner. See Rule 39; Genesis Oil & Gas, Ltd. v. Commissioner, [93 T.C. 562 (1989)] supra at 564. Once our jurisdiction has been properly invoked in a case, we require no additional jurisdiction to render a decision with respect to such an affirmative defense. See Genesis Oil & Gas, Ltd. v. Commissioner, supra at 564. Rather, “When such a defense in bar is properly raised, we must pass upon the merits of the issue after receiving evidence with respect thereto”. Badger Materials, Inc. v. Commissioner, [40 T.C. 1061 (1963)] supra at 1063. Accordingly, we hold that where the parties are properly before the Court in an action brought under section 7436, the Court possesses jurisdiction to address issues relating to the period of limitationsPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011